SeaWorld will keep its orca shows, but is still recovering from 'Blackfish'

May 8, 2014

Updated 3:59 p.m.

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A SeaWorld trainer in Orlando, Fla., performs with a killer whale in 2010. A federal court recently upheld an OSHA ruling that trainers must have physical protection before entering the water with the animals. FILE PHOTO: THE ASSOCIATED PRESS

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Tilikum is one of the orcas featured in “Blackfish.” COURTESY OF MAGNOLIA PICTURES

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A killer whale named Katsaka swims with her calf at SeaWorld in San Diego in February 2013. A documentary has called for ending the captivity of the killer whales. FILE PHOTO: THE ASSOCIATED PRESS

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Whale watchers view killer whales off the coast of Dana Point in 2012. Though there have been instances in which captive orcas have killed or injured their trainers at marine theme parks, the animals are not considered a threat to humans. COURTESY OF CAPT. DAVE ANDERSON/<A HREF=&#8221;HTTP://WWW.DOLPHINSAFARI.COM&#8221;>DOLPHINSAFARI.COM</A>

A SeaWorld trainer in Orlando, Fla., performs with a killer whale in 2010. A federal court recently upheld an OSHA ruling that trainers must have physical protection before entering the water with the animals. FILE PHOTO: THE ASSOCIATED PRESS

SACRAMENTO – In spite of a recent win in the state Legislature, it’s been a rough year for SeaWorld.

The marine theme park found itself in an uncomfortable spotlight after last year’s release of “Blackfish,” a documentary about a killer whale that killed a trainer at the Orlando location in 2010. The film argues that orcas are unfit for captivity.

The backlash was strong, particularly after CNN began repeatedly airing the documentary. Willie Nelson, the Barenaked Ladies and other musicians canceled SeaWorld appearances. And ticket sales dropped, though park officials point to an increase in ticket prices and other factors.

That negative tide came to a head in the state Capitol this spring, when Assemblyman Richard Bloom, D-Santa Monica, proposed banning orca shows and breeding captive killer whales. As the only place in California showcasing captive orcas, SeaWorld San Diego responded with a lobbying campaign against the measure and a “truth team” to counter the film’s claims.

For now, park officials can declare victory. Bloom’s bill has been shelved for further study, a process that will delay any future efforts until at least next year.

But the good news was short-lived, dampened days later when a federal appeals court upheld a U.S. Occupational Safety and Health Administration ruling against the park. After the death of the trainer highlighted in “Blackfish,” the agency fined SeaWorld and said trainers cannot be in the water with orcas without physical protections.

Miro Copic, president and CEO of San Diego-based BottomLine Marketing, has been closely monitoring SeaWorld developments and said, “This is not going to go away. From a PR perspective, it’s been deferred. But it’s forced them to look at their business model.”

Still, many find merit in arguments from SeaWorld supporters about the value of giving people an opportunity to connect with wild animals up close.

Assemblyman Travis Allen, R-Huntington Beach, grew up in San Diego and said getting splashed by Shamu as a child left a deep impact on how he viewed the creatures.

“One of my shaping experiences was going to the zoo, was going to the world-famous San Diego wild animal park, was going to SeaWorld and seeing these animals firsthand,” Allen said. “What this instilled in me was a lifelong desire to take care of animals.”

DUELING SCIENTISTS

The case against SeaWorld is black and white in the documentary’s portrayal: killer whales are family-oriented predators that become aggressive and bored when they are unable to hunt and roam.

Animals with those traits do not fare well in modest-sized concrete pools, said Dr. Naomi Rose, a marine mammal scientist who worked on the film. She told state lawmakers that retiring captive orcas to larger “sea pens” would be a more humane way for the animals to carry out the rest of their lives, while allowing them to be available for research for several decades.

“There is so much more we need to know about these animals,” Noren testified. “Animals in marine parks allow us access to collect such data.”

Researchers associated with the marine park appeared to reinforce that point days after the hearing, releasing a study indicating that killer whales may be able to learn new dialects. The findings were the result of studying SeaWorld’s resident orcas.

Some marine biologists who are critical of SeaWorld do commend the park for its research and rehabilitation of smaller animals, such as penguins and dolphins.

The park plays a significant role in those areas, said Gwen Goodmanlowe, a professor at Cal State Long Beach.

But Goodmanlowe said she believes large, roaming creatures like orcas should not be held in captivity. She disagrees with the park’s arguments regarding killer whale research, saying captive whales are different in many ways from their wild cousins.

“We know tons about orcas, and it’s from studying them in the wild,” Goodmanlowe said.

Right now, wild orcas can be seen off the California coast. Some experts tracking the whales near Monterey – where more than two dozen were spotted recently – declined to weigh in on the bill itself, but said observing the animals as they migrate north and south has provided information on how the whales are affected by a changing ecosystem.

“There’s a lot you can learn in the field, and there’s no reason why people can’t go out and see all types of wildlife,” said Peggy Stap, executive director of Marine Life Studies, a nonprofit research and education organization in Monterey.

REBRANDING SHAMU

Amid the conflicting scientific arguments – and a remark from SeaWorld lobbyist Scott Wetch that the park would ship its orcas to locations in other states if the bill passed – state legislators decided to hold off on a vote.

SeaWorld’s reputation, however, still took a significant blow. Copic, also a San Diego State University lecturer in the College of Business Administration, added park officials made the “Blackfish” situation worse by aggressively responding to the film and describing it as propaganda.

Copic said park officials appear to have recognized the challenge they face from increasing scrutiny of their killer whale shows. They have begun to expand offerings by building roller coasters and water rides, allowing SeaWorld to straddle the line between theme park and aquarium.

But could SeaWorld continue to exist without Shamu, the park’s most well-known icon?

“It’s going to be hard to understand the scope of the orca,” Copic said. “They haven’t been without the show for long periods of time.”

In order to prepare for that possibility, he said, SeaWorld needs to highlight more of its education and animal-rehabilitation efforts and engage with critics in a less-defensive manner. The park also needs to continue looking at ways to expand its attractions, Copic added.

Trying again to pass a state ban on orca shows also will take some additional public relations efforts. The incoming Assembly speaker, Democrat Toni Atkins, is from San Diego, and state action would have consequences in her district.

Still, Bloom says he’s undeterred in his efforts. He responded on Facebook to reassure one supporter, writing that additional time to study the issue “will allow the Legislature to get an unbiased, bipartisan view of orca captivity.”

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